Present: 1. Sri.P.K.Sasi, President.
2. Smt. Sheena.V.V, Member.
3. Sri.M.P.Chandrakumar, Member
31st day of March 2016
C.C.786/15 filed on 23/12/15
Complainant : Thomas Tharakan, S/o.Tharakan Kochappu,
Tharakan House, Bhavana Nagar, P.O.East
Fort, Thrissur.
(By Adv.N.O.Inasu, Thrissur)
Opposite Parties : 1. Silver Hills Properties Pvt.Ltd., Ground
Floor, Malgudi Days Bldgs., Dhiwan
Karunakara Menon Road, P.O.Thrissur City,
rep. by Managing Director, Jomon George,
S/o.Mattathil George, Chuvanana Mannu,
Thrissur.
2. K.P.Satheeshkumar, S/o.Kankissery
Parameswaran, Kuttikkad Desam,
Vellanikkara, P.O.Agricultural University,
Thrissur, Director, Silver Hills Properties
Pvt.Ltd., Ground Floor, Malgudi Days
Bldgs., Dhiwan Karunakara Menon Road,
P.O.Thrissur City.
O R D E R
By Sri.P.K,.Sasi, President
The case of the complainant is that by attracting an advertisement published in Malayala Manorama daily newspaper on 27/12/13, the complainant approached the opposite parties in their office at Chembukavu and met the 2nd opposite party who was introduced himself as the director of the company.
2. It was told by the 2nd opposite party that the customers who booked villa on or before 31/11/13 only will be eligible for getting the villas in the attractive price shown in the advertisement published by them in Manorama daily. The 2nd opposite party showed him the plan and details of the lay out where they are proposed to construct the house to the complainant. And has also arranged another person one Mr.Jayesh, to show the location to the complainant. Accordingly the complainant was taken to Thanikudam by Mr.Jayesh and showed an open place where there was no constructions were started. It was told by Jayesh that they are proposed to construct the house as shown in the advertisement at that place.
3. Then the complainant asked the 2nd opposite party to show him the approvals obtained for constructing the building. But it was told by the 2nd opposite party that all the papers are ready with them and that was taken out side for some other purposes and it will be shown to the complainant later.
4. Believing the words and the promises as well as the assurance given by the 2nd opposite party, on 30/12/13 the complainant has entrusted Rs.6,00,000/- with the 2nd opposite party as advance for booking a villa. For that, receipt was also given to the complainant. After two months, the complainant approached the 2nd opposite party at their office and enquired regarding the progress of construction of the building, it was told by the 2nd opposite party that they have not obtained the permission to construct the building as shown in the advertisement.
5. Afterwards the complainant contacted with the 2nd opposite party on several occasions and at last the 2nd opposite party agreed to construct a house as shown in the advertisement at 4 cents of landed property in Madakkathara village for which the complainant has to pay Rs.17,43,104/- along with 8.99% other taxes. The complainant has agreed for that and he has paid another Rs.10,00,000/- in July 2014 to the opposite party. For that amount also a receipt was given by the opposite party.
6. The opposite parties have also collected respective records from the complainant for getting permission to construct a house as shown in their advertisement. Even then they have neither constructed the house nor started any construction of that house. So far they have not construct the house.
7. By publishing enticing advertisement in leading news papers, the opposite parties cheated the complainant as well as so many people, which amounts to utter unfair trade practice as well as severe deficiency in service also.
8. The complainant is entitled to get back Rs.16,00,000/- collected by the opposite party with reasonable interest. Because of the illegal act of the opposite parties the complainant has sustained unnecessary severe mental agony, huge monetary loss and heavy hardship. Hence this complaint is filed for getting relief.
9. Being noticed on the complaint, notice was properly issued to both the opposite parties. The 2nd opposite party is unclaimed the notice issued from the Forum. The notice was properly served upon the 1st opposite party. Hence both the opposite parties set exparte and the case was posted for complainant’s evidence.
10. From the side of complainant, he has appeared before the Forum and filed detailed proof affidavit, in which he has affirmed and narrated all the averments stated in the complaint. He has also produced five documents which are marked as Exts.P1 to P5. Ext.P1 is Malayala Manorama news paper dated 27/12/13, Ext.P2 is a property exchange agreement executed between the complainant and 2nd opposite party dated 30/12/13, Ext.P3 is copy of agreement executed between complainant and 2nd opposite party, Ext.P4 is copy of brochure of the project advertised by the opposite parties and Ext.P5 is visiting card given by the opposite parties.
11. Since there is no contra evidence before us, we are inclined to allow this complaint by accepting the proof affidavit as well as documents submitted by the complainant.
12. In the result we allow this complaint and the opposite parties are directed to return Rs.19,08,000/- (Rupees Nineteen lakh and eight thousand only) to the complainant within one month from receiving copy of this order. Failing which complainant is entitled to get 12% interest till realization.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 31st day of March 2016.
Sd/- Sd/- Sd/-
M.P.Chandrakumar Sheena.V.V. P.K.Sasi, Member Member President.
Appendix
Complainant’s Exhibits
Ext.P1 Malayala Manorama news paper dated 27/12/13
Ext.P2 property exchange agreement executed dated 30/12/13
Ext.P3 copy of agreement Ext.P4 copy of brochure of the project
Ext.P5 visiting card
Id/-
President
